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Case Clips

Published by the Indiana Office of Court Services

Appeals

State v. J.S., No. 49A02-1004-JV-567, __ N.E.2d __ (Ind. Ct. App., Nov. 16, 2010)

November 22, 2010 Filed Under: Juvenile Tagged With: Appeals, J. Baker

Juvenile court did not err in dismissing delinquency petition after finding the juvenile defendant incompetent to stand trial.

Cranston v. State, No. 29A02-1003-CR-374, __ N.E.2d __ (Ind. Ct. App., Nov. 8, 2010)

November 12, 2010 Filed Under: Criminal Tagged With: Appeals, N. Vaidik

Datamaster evidence ticket is not “testimonial hearsay” under the Crawford Confrontation Clause holding.

Thomas v. State, No. 49A02-1002-CR-105, __ N.E.2d __ (Ind. Ct. App., Nov. 8, 2010)

November 12, 2010 Filed Under: Criminal Tagged With: Appeals, C. Bradford, E. Brown

Vacates invasion of privacy conviction for protection order subject’s “stop calling me, fagot [sic]” remark to protected person during a court hearing, on basis direct contempt was “more appropriate” remedy.

Parish v. State, No. 02A03-1002-CR-74, __ N.E.2d __ (Ind. Ct. App., Nov. 9, 2010)

November 12, 2010 Filed Under: Criminal Tagged With: Appeals, P. Mathias, P. Riley

When officer knew motorist stopped for a traffic violation and handcuffed outside the vehicle for safety was a suspect in shootings, her protective search of passenger compartment permissibly included unlocking the glove box to check it for weapons.

Arlton v. Schraut, No. 79A02-0906-CV-541, __ N.E.2d __ (Ind. Ct. App., Nov. 9, 2010)

November 12, 2010 Filed Under: Civil Tagged With: Appeals, P. Mathias

Deliberating jury should have been provided with a computer or some other method to view CD exhibits containing high-resolution digital images of plaintiff’s pre-surgery retina; failure of court to provide a viewing method or to give tendered instruction that jury could ask to view the CD images in open court was reversible error.

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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